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Section 19 of BNS Vs Section 81 of IPC

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Section 19 of the BNS and corresponding Section 81 of the Indian Penal Code (IPC) are nearly identical in their provisions, both addressing situations where an act, though likely to cause harm, is done without criminal intent and in good faith to prevent greater harm. These sections ensure that individuals acting to avert immediate and significant harm are not held criminally liable for the lesser harm that may occur as a result of their actions.
Both legal provisions stress that such actions must be judged based on the imminence and severity of the harm they are meant to prevent, and they must be carried out with proper justification, without any intention to cause harm. This principle strikes a balance between protecting individuals from liability in emergency situations and ensuring that the law is not abused to excuse reckless or harmful behavior done without sufficient cause.
Both legal provisions stress that such actions must be judged based on the imminence and severity of the harm they are meant to prevent, and they must be carried out with proper justification, without any intention to cause harm. This principle strikes a balance between protecting individuals from liability in emergency situations and ensuring that the law is not abused to excuse reckless or harmful behavior done without sufficient cause.